Terms and Conditions of Purchase

ALTRO FLOORS AND WALLS

GENERAL TERMS AND CONDITIONS OF PURCHASE

1. DEFINITIONS

The following definitions will apply to these conditions:

"Altro" means Altro Limited (Company number 00154159) whose registered office is at Works Road, Letchworth Garden City, Hertfordshire SG6 1NW.

"The Supplier" means the person, firm, body or company with whom Altro contracts.

"Goods" include any goods or services to be provided by the Supplier.

"Order" means a purchase order in respect of the Goods issued by Altro to the Supplier on Altro's official purchase order form, together with all documents referred to in it.

"Conditions" means these terms and conditions of purchase.

2. GENERAL

Except where expressly agreed otherwise by Altro in writing every purchase shall be subject to these conditions. By commencing work on this Order the Supplier will be deemed to have accepted these conditions.

3. AUTHORISATION

3.1 Altro accepts no liability for any Goods delivered or services provided unless the Order has been placed or amended on Altro's behalf by a duly authorised officer of Altro.

3.2 No Order is binding on Altro unless issued on Altro's Order Form duly signed on Altro's behalf by an authorised officer of Altro.

4. PRICE

All prices stated on the Order are fixed and are not subject to alteration. All prices quoted on the Order will include packaging and delivery at no extra cost to Altro unless otherwise stated.

5. PACKAGING

The Supplier will package the Goods in a manner suitable for transit and/or storage.

6. DELIVERY

6.1 Time shall be of the essence in respect of the Order.

6.2 Unless otherwise specified by Altro delivery of the Goods shall be effected by the Supplier at their own risk and expense (including the risk of deterioration in the Goods in the course of transit) at the place and on the date(s) specified in the Order.

6.3 In the event of the Goods not being made available on the date(s) specified in the Order, Altro retains the right to cancel the Order pursuant to clause 6.1.

7. REJECTION AND RESCISSION

If the Goods do not comply with the Order, or meet the specification, or satisfy fitness for purpose, or if any of the Conditions of the Order are broken or not complied with by the Supplier, or it is clear that the Supplier is unable to perform its part of the Order, Altro shall at its absolute discretion be entitled to reject the Goods and/or rescind the Order (notwithstanding that the property in the Goods may have passed) by giving written notice to the Supplier and the following provisions shall where appropriate apply: 7.1 Altro shall return to the Supplier at the Supplier's risk and expense any rejected Goods or any Goods already delivered which by reason of non-delivery of the balance are not reasonably capable of use by Altro or, at Altro's option Altro shall require the Supplier to collect the same; 7.2 Altro may at its absolute discretion require the Supplier either to restore or rectify the Goods to Altro's satisfaction and at the Supplier's expense or to replace any Goods so rejected upon the same Conditions as herein stated; and 7.3 The Supplier will repay to Altro any money paid by Altro in respect of any rejected or undelivered Goods.

8. FORCE MAJEURE

Neither party shall be liable for delays in performance or non-performance due to causes beyond its reasonable control.

9. SEVERANCE

If any provision of these conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these conditions which shall remain in full force and effect.

10. QUALITY OF GOODS

10.1 Subject to these conditions, the Goods to be provided shall:

10.1.1 conform as to quantity, quality and description with the Order and any specification or standards stated or referred to in the Order;

10.1.2 be of first-class materials and workmanship throughout and be executed with reasonable care and skill by properly qualified and experienced persons;

10.1.3 be equal in all respects to any samples, patterns, demonstration or specification provided or given by either party;

10.1.4 be capable of any standard of performance specified in the Order;

10.1.5 if the purpose for which they are required is indicated in the Order, either expressly or by implication, be fit for that purpose; and

10.1.6 comply with any statutory rule or regulation that may be in force relating to the Goods.

11. BREACH

Without prejudice to any legal or equitable remedies available for any breach of the agreement, if either party defaults on any of its obligations under this agreement and fails to comply with a written notice from the other party warning against a further default of a similar nature or, if it is practicable, requiring the default to be remedied within a reasonable period specified by the notice then that other party may terminate the agreement immediately by giving the other party written notice to that effect.

12. TERMINATION

12.1 If the Supplier, being an individual, becomes bankrupt or insolvent or has a receiving order made against him or compounds with his creditors or, being a company, is wound up or becomes insolvent or has a receiver or administrative receiver appointed or suffers the appointment or the presentation of a petition for the appointment of an administrator, Altro shall be at liberty (but not bound) at any time after that:

12.1.1 to cancel all or any part of the Order immediately by notice and to collect immediately all material, goods, tools or articles of any description sent to the Supplier for any purpose; or

12.1.2 to give the Supplier or the receiver, liquidator or other person the option of carrying on with the Order subject to his providing a guarantee up to an amount to be agreed for the due and faithful execution of the Order.

13. CONFIDENTIALITY

13.1 This Order and its related subject matter shall be treated as confidential between the parties and shall not be disclosed or publicised to any third party for any reason without Altro's prior written consent.

13.2 The Supplier will not use Altro's name or other identity for advertising or publicity purposes without Altro's prior written consent.

14. THIRD PARTIES

The person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy or any person which exists or is available otherwise than pursuant to that Act.

15. LAW AND APPLICATION

15.1 The agreement between the parties shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

15.2 These conditions shall have precedence over any conditions appearing on any quotation, acceptance form, delivery form, invoice or other document or letter emanating from the Supplier and such conditions shall have no effect whatever except insofar as they are expressly accepted in writing by Altro.

15.3 Nothing in these conditions shall prejudice any condition or warranty (expressed or implied) or right or remedy to which Altro is entitled in relation to the contract by virtue of statute or common law. The rights and remedies conferred upon Altro by these conditions are in addition to and in no way in substitution for any conditions, warranties or other rights or remedies conferred on Altro or implied by law.

16. ANTI-BRIBERY

Altro has a strict anti-bribery policy. Altro will not engage in bribery or corruption in any form and has a zero tolerance approach to breach whether it involves private individuals or public officials. A full copy of our policy is available upon request.